38.6c New Delhi, India, Saturday, April 13, 2024

No Maintenance For Divorced Wife If Adultery Proved Against Her In Marriage: Bombay HC [Read Judgment]

By LawStreet News Network      27 December, 2019 12:12 PM      0 Comments
No Maintenance For Divorced Wife If Adultery Proved Against Her In Marriage: Bombay HC [Read Judgment]

Recently, the Bombay High Court has pointed out on December 18, 2019 that a wife is not entitled to maintenance if adultery is proved against her in a marriage. 

While dismissing a petition filed by a divorced wife, who challenged a Sessions Court order that he owed maintenance to her, a Single Judge Bench of Justice NW Sambre opined that the allegations of adultery if proved against a wife would not entitle her to maintenance.

Earlier, the Sessions Court had passed an order in view of the embargo on granting maintenance to a wife who was divorced on grounds of proven adultery against her under Section 125 (4) of the Criminal Procedure Code (CrPC).

Section 125 (4) of CrPC states: “No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.”

In this case, the petitioner and her husband Ramchandra Kondalkar got married on May 6, 1980. They got divorced after Ramchandra filed an application for divorce under Section 13of the Hindu Marriage Act, 1955 on grounds of Adultery.

Although the judgment granting a decree of divorce went in appeal, it failed because of delay in filing the appeal. Further, the petitioner wife filed an application for increase in maintenance amount which was allowed by the order dated August 12, 2010. Post that, the Magistrate increased it to Rs 500 and Rs 400 to the wife and son respectively and the application of the respondent husband for cancellation of maintenance was rejected. At last, he filed a revision application and it was allowed.

The Court dismissed the wife’s petition on lack of merit and pronounced that,

Considering the expressed embargo on the right of the Petitioner, to claim maintenance particularly, divorce was ordered on 27.4.2000 based on the allegation of adultery, the Court below has rightly held that the Petitioner-wife is not entitled for maintenance.”

[Read Judgment]

Author: Swetalana Rout

Share this article:

User Avatar

Leave a feedback about this

Trending Legal Insiders
Two-day conference on April 13-14 on Technology and Dialogue between SC and Singapore

Explore AI's role in law at the India-Singapore Supreme Court conference on technology, enhancing judicial processes and access to justice, April 13-14, 2024.

12 April, 2024 06:16 PM


Trending Judiciary
Very disturbed by latest trend of lawyers commenting on pending cases: CJI

Chief Justice of India urges lawyers to prioritize court and Constitution over political beliefs, expressing concern over trend of commenting on pending cases.

08 April, 2024 11:19 AM
Trending Judiciary
Court rejects plea for interim bail to BRS leader K Kavitha

Delhi court rejects interim bail plea for BRS leader K Kavitha in money laundering case related to Delhi liquor scam. ED opposes bail.

08 April, 2024 12:14 PM
Trending Judiciary
Centre questions growing tendency among States to approach SC for funds

The Centre questions the growing trend of states approaching the Supreme Court for funds, citing timing and advocating for resolution through dialogue.

08 April, 2024 03:58 PM
Trending Judiciary
SC notice to Centre on plea to safeguard interests of intersex children

Supreme Court issues notice to Centre on PIL for safeguarding intersex children's interests and regulating medical interventions. Details inside.

08 April, 2024 04:35 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email